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14.9 Appeal Process (a) An applicant substantially affected by a School Capacity Availability Determination Letter determination made as a part of the school concurrency process may appeal such determination through the process provided in Chapter 120, Florida Statutes. A School Capacity Availability Determination Letter, indicating either that adequate capacity is available, or that there is insufficient Available School Capacity following the ninety (90) day negotiation period as described above, constitutes final agency action by the School District for purposes of Chapter 120 Florida Statutes. (b) An applicant substantially affected by a Local Government decision made as a part of the school concurrency process may appeal such decision within 15 business days to the governing body of the Local Government (See Appendix G). Section 15 Special Provisions 15.1 School District Requirements (a) The Parties acknowledge and agree that the School Board has both constitutional and statutory obligations to provide a uniform system of free public schools on a countywide basis and that those obligations are or may be derived from the Florida and United States Constitutions and other state or federal statutes regarding the operation of the public school system. Accordingly, the County, the Cities and the School Board agree that this Agreement is not intended, and will not be construed, to interfere with, hinder, or obstruct in any manner the School District's constitutional and statutory obligation to provide a uniform system of free public schools on a Countywide basis or to require the School District to confer with, or obtain the consent of, the County or the Cities, as to whether that obligation has been satisfied. Further, the County, the Cities and the School Board agree that this Agreement is not intended and will not be construed to impose any duty or obligation on the County or City for the School District's constitutional or statutory obligation. The County and the Cities also acknowledge that the School District's obligations under this Agreement may be superseded by state or federal court orders or other state or federal legal mandates. The Parties also acknowledge and agree that the School Board has, under Article IX, §4 of the Florida Constitution, the authority to "operate and control" the public schools in the Indian River School District, and thus has the discretion to determine suitable programmatic requirements that may alter Available Capacity, and such constitutional authority is not waived by this Agreement. (b) The School Board agrees to hold harmless, indemnify, and defend the County and/or the Cities, the members of their governing board and their staffs, and each of them, for and from any all claims, civil actions, damages or administrative proceedings, of whatever kind or nature whatsoever in Law or equity whether known or unknown, foreseen or unforeseen, created by or arising from or alleged to be arising from this Agreement, including but not limited to, any action done or not done in reliance upon any undertakings or obligations by the School Board pursuant to this Agreement or upon any advice or other representation made by the School Board pursuant to its undertakings or obligations set forth in this Agreement. Such defense shall be carried out by counsel reasonably acceptable to the Party(ies) being defended. Such indemnification shall include but not be limited to tort claims, actions for declarative relief, claims alleging that the act triggering this clause violates the Laws or Constitutions of the United States and/or the State of Florida, or for claims arising under common law rules or the Bert J. Harris Property Rights Protection Act. (CH 70 Florida Statutes 2007 as amended.) Upon receipt of the notice of any such claim, civil action, or administrative proceeding, the party invoking the terms of this provision shall notify the School Board in writing as soon as practicable. However, notwithstanding this provision, the Parties, including the School Board under this indemnity requirement, do not waive the limits of liability set out in Section 768.28, Florida Statutes, and are not liable for any discretionary or governmental decision or action for which they may have sovereign immunity. A party seeking indemnity shall have an ongoing duty of assistance and cooperation. F'.\Community Developmenf UserVANG RANGOCompPlan AmendmentsTablic Schools\UpdatesULA\FINAL IRC Interlocal Agreement -January 31, 2008.doc 29